18
19
Amendment of
rule 61,
Revocation and replacement of rule 63.
Revocation of
rules 64. 65.
56, 67 and 68.
Amendment of rule 70.
Deletion and replacement of Schedule.
(2) An order made under paragraph (1) may from time to time be varied on application made upon notice.".
29. Rule 61 of the principal rules is amended by deleting paragaph (3).
30. Rule 63 of the principal rules and its heading are revoked and replaced by the following
to action
of land. person nat named as
"Action for recovery of land.
63. (1) In an action for the recovery of land, any for recovery person not named as a defendant in the writ may, by leave of the Court, be allowed to appear and defend, on filing an affidavit, together with as many copies thereof as there are plaintiffs and defendants, showing that he is in possession, either by himself or by his lenant, of the land.
defendant
may appear.
(2) Where leave is given under paragraph (1) the person obtaining leave shall be added as a defendant. and the Registrar shall send to every other party notice that such person has obtained such leave, to- gelber with a copy of the affidavit.".
31. Rules 64, 65, 66, 67 and 68 of the principal rules and their headings are revoked.
32. Rule 70 of the principal rules is amended by deleting "rule 24 of Order 29 of the Code" and substituting the following- *rule 9 of Order 1 of the Rules of the Supreme Court".
33. The Schedule to the principal rules is deleted and replaced by the following-
"SCHEDULE
PROVISIONS Of Rules of THE SUPKEMB Court INAPPLICABLE to the District Court,
Ruler of the Supreme Court.
Order.
Rule.
Subject.
12
$1
Service of notice of writ abroad.
18
33
34
69
Service of defence.
Place and mode of trial.
[rule 9.1
Seuling down for trial action began by writ. Service of foreign process,
Rules of the Supreme Court.
Order.
Rule.
70
74
80
BLA
8 2,3,4,5
112
Subject.
Obtaining evidence for foreign courts, etc, Proceedings under Merchant Shipping Act,
1894.
Disability.
Relief against forfeiture, Charitable trasls.
Dated the 17th day of November 1970.
Ivo Rigby.
Chief Justice.
D. CONS, District Judge.
JOHN SWAINE,
Member,
G. SINCLAIR STEVENSON,
Explanatory Note.
Member.
(This Nore is not part of the rules, but is intended
to indicate their general purport).
-
The rules amend the principal rules by replacing the existing call-over procedure in the District Court with a default procedure similar to the one used in county courts in England.
Under the new procedure every proceeding in the District Court is commenced by a writ save where the rules or other laws provide to the contrary (new rule 12). The plaintiff serves a copy of the writ on each defendant together with a notice. This notice tells the defendant what courses are open to him (new rule 20). If the defendant wishes to defend the action or to bring a counterclaim against the plaintiff, he must, within I days of service of the writ on him, file at the Court a defence or counter- claim (new rule 21). If he fails to do so the plaintiff may eater judgment in default (new rule 22). If the defendant admits the claim but wants time to pay or wishes to pay by instalments, he may apply to the Court, Upon receipt of the application, the Registrar will enter judgment for the amount admited and inform the plaintiff. The application will then be beard by the Court (new rule 23). If a defence of counterclaim is fled,